Despite termination Exclusion: Student may terminate lease before two-year period



Students are not necessarily landlord first choice: You like to party loud parties, have little money for a rainy day – and they are restless in their younger years also. Hardly recovered, they usually entail an already made.


is understandable that a landlord from Saarbrücken wanted to gain some predictability. When he let his flat to a student, he wrote a denunciation exclusion of two years in the lease. The lease began on 07.01.2014, until 30.09.2016 both parties wanted to do without a proper notice, so it put a clause fixed.


This interested the student tenants little: He announced prematurely four months later on 29 October of the same year to 01.31.2015 and gave the apartment in December 2014 the owner returned. Then pounding the owner agreed, two-year termination exclusion, he demanded more rental payments, but did not make the student.


Mobility for students especially important

The Causa landed before the Amtsgericht Saarbrücken. And the judges gave the tenant rights: Such a long denunciation exclusion is ineffective with students, they judged recently (Ref .: 3 C 313/15). The Court declared the clause in which it was a standard term for invalid because it penalizes the student tenants inappropriate. The reason: The exclusion make a short-term study course change impossible, but it is common practice for students


Since there might still be a short-term study exchange with students, these have a particularly strong interest to remain mobile and flexible. Moreover, there can be the ordinary student can not afford to rent two apartments, so make a termination exclusion for two years in many cases a relocation impossible and had such a great impact on his future. Ordinary termination of the tenant was so effective and is obligated to make payments, the judges concluded.


The district court Saarbrücken oriented with its judgment on a decision of the Federal Court in the year 2009. The federal judges decided in a similar case in favor of a student who had been sued by his landlord for early termination of the lease (Az: VIII ZR 307/08).


Termination exclusion also has advantages

In general, should tenants be noisy when they read in the new lease, the word “waiver of termination” or “termination exclusion, advises the German Tenants’ Association. The parties may agree that the right to terminate any of the two tenants properly for a period of up to four years. If a longer period has been agreed, the clause is invalid but according to federal court and the tenant may at any time by giving three months’ notice (Az .: VIII ZR 86/10).


The waiver of termination not only has disadvantages: If tenants pay the rent on time and also otherwise not behave fail, they have a guarantee that they do not have from the apartment at this time. Therefore, a notice about exclusion for tenant offers when renting a condo with a high risk of dismissal. On the other hand they come for the agreed period not return from the lease beyond. Unless they enroll more quickly at the university one.



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